Applicability.

(a) This part applies to the acceptance for transportation, loading and transportation of hazardous materials in any aircraft in the United States and in aircraft of United States registry anywhere in air commerce. This part does not apply to:

(1) Aircraft owned and operated by a government when not engaged in carrying persons or property for commercial purposes;

(2) Aircraft which are not owned by a government nor engaged in carrying persons or property for commercial purposes but which are under the exclusive direction and control of a government for a period of not less than 90 days as specified in a written contract or lease. An aircraft is under the exclusive direction and control of a government when the government exercises responsibility for:

(i) Approving crew members and determining that they are qualified to operate the aircraft;

(ii) Determining the airworthiness and directing maintenance of the aircraft; and

(iii) Dispatching the aircraft, including the times of departure, airports to be used, and type and amount of cargo to be carried;

(3) Aircraft of United States registry under lease to and operated by foreign nationals outside the United States if:

(i) Hazardous materials forbidden aboard aircraft by § 172.101 of this subchapter are not carried on the aircraft; and

(ii) Other hazardous materials are carried in accordance with the regulations of the State (nation) of the aircraft operator.

[Amdt. 175-15, 45 FR 35332, May 27, 1980]